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GENERAL  COURT  MARTIAL  )      WAR  DEPARTMENT, 

\5,  ADJUTANT  GENERAL'S  OFFICE, 

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No.  32.  *V,   '/Washington,  August  23,  1873. 


I. ..Before  a  Military  Commission  which  convened  at  Fort  Kla- 
math,  Oregon,  July  1,  1873,  pursuant  to  Special  Field  Orders  No. 
1,  dated  June  30,  1873,  Headquarters  Department  of  the  Columbia, 
In  the  Field,  Fort  Klamath,  Oregon,  and  of  which  Lieutenant 
Colonel  W.  L.  ELLIOTT,  1st  Cavalry,  is  President,  were  arraigned 
and  tried — 

Captain  Jack,  Schonchis,  Black  Jim,  Boston  Charley,  Barncho, 
alias  One  Eyed  Jim,  and  Sloluck,  alias  Cok,  Modoc  Indian  captives. 

CHARGE  I. — "  Murder,  in  violation  of  the  laws  of  war." 
Specification  1st — "In  this:  that  they,  Indians  called  and  com 
monly  known  as  Captain  Jack,  Schonchis,  Boston  Charley, 
Black  Jim,  Barncho,  alias  One  Eyed  Jim,  and  Sloluck,  alias 
Cok,  members  of  a  certain  band  of  Indians  known  as  the 
Modocs,  which  band,  including  the  prisoners  above  named, 
was,  at  the  time  and  place  hereinafter  alleged,  engaged  in 
open  and  flagrant  war  with  the  United  States,  under  the  chief 
command  of  said  Captain  Jack,  did,  as  representatives  of 
said  Modoc  band,  meet,  under  a  flag  of  truce  and  suspension 
of  hostilities,  Brigadier  General  E.  R.  S.  Canby,  U.  S.  Army, 
commanding  Department  of  the  Columbia,  and  certain  Peace 
Commissioners  on  the  part  of  the  said  United  States,  namely, 
Eleaz.ur  Thomas,  A.  B.  Meacham,  and  L.  S.  Dyer,  citizens 
of  the  United  States,  all  representing  the  Government  of  the 
United  States,  for  the  agreed  and  professed  purpose  of  dis 
cussing  and  arranging  terms  upon  which  hostilities  existing 
between  the  United  States  and  said  band  should  cease  ;  and 
did  thereupon,  in  wanton  violation  of  said  flag  of  truce,  and 
treacherously  disregarding  the  obligations  imposed  by  said 
truce  under  tlje  laws  of  war,  willfully,  feloniously,  and  of 
malice  aforethought,  kill  and  murder  said  Brigadier  General 
Canby.  All  this  at  or  near  the  Lava  Beds,  so-called,  situated 
near  Tule  Lake,  in  the  State  of  California,  on  or  about  the 
llth  day  of  April,  1873." 


•to 


Specification  2d — "In  this:  that  they,  Indians  called  and  com 
monly  known  as  Captain  Jack,  Schonchis,  Boston  Charley, 
Black  Jim,  Barncho,  alias  One  Eyed  Jim,  and  Sloluck,  alias 
Cok,  members  of  a  certain  band  of  Indians  known  as  the 
Modocs,  which  band,  including  the  prisoners  above  named, 
was,  at  the  time  and  place  hereinafter  alleged,  engaged  in 
open  and  flagrant  war  with  the  United  States,  under  the 
chief  command  of  said  Captain  Jack,  did,  as  representatives 
of  the  said  Modoc  band,  meet,  under  a  flag  of  truce  and  sus 
pension  of  hostilities,  Brigadier  General  E.  R.  S.  Canby, 
U.  S.  Army,  commanding  military  Department  of  the  Co 
lumbia,  and  certain  Peace  Commissioners  on  the  part  of  the 
United  States,  namely,  Eleazur  Thomas,  A.  B.  Meacham, 
and  L.  S.  Dyer,  citizens  of  the  United  States,  all  representing 
the  Government  of  the  United  States,  for  the  agreed  and 
professed  purpose  of  discussing  and  arranging  terms  upon 
which  hostilities  existing  between  the  United  States  and  said 
band  should  cease;  and  did  thereupon,  in  wanton  violation 
of  the  sacred  character  of  said  flag  of  truce,  and  treacher 
ously  disregarding  the  obligations  imposed  by  such  truce 
under  the  laws  of  war,  willfully,  feloniously,  and  of  their 
malice  aforethought,  kill  and  murder  said  Eleazur  Thomas, 
one  of  the  Peace  Commissioners  aforesaid.  All  this  at  or 
near  the  Lava  Beds,  so-called,  situated  near  Tule  Lake,  in 
the  State  of  California,  on  or  about  the  llth  day  April,  1873." 

CHARGE  II. — "Assault  with  intent  to  kill,  in  violation  of  the  laws 
of  war." 

Specification  1st — "In  this:  that  they,  Indians  called  and  com 
monly  known  as  Captain  Jack,  Sclionchis,  Boston  Charley, 
Black  Jim,  Barncho,  alias  One  Eyed  Jim,  and  Sloluck,  alias 
Cok,  members  of  a  certain  band  of  Indians  known  as  the 
Modoc^,  which  band,  including  the  prisoners  above  named, 
was,  at  the  time  and  place  hereinafter  alleged,  engaged  in 
open  and  flagrant  war  with  the  United  States,  under  the  chief 
command  of  said  Captain  Jack,  did,  as  representatives  of 
said  Modoc  band,  meet,  under  a  flag  of  truce  and  suspension 
of  hostilities,  Brigadier  General  E.  R.  S.  Canby,  U.  S.  Army, 
commanding  the  Department  of  the  Columbia,  and  certain 


Peace  Commissioners  on  the  part  of  the  United  States, 
namely,  Eleazur  Thomas,  A.  B.  Meacham,  and  L.  S.  Dyer, 
citizens,  all  representing  the  Government  of  the  United 
States,  for  the  agreed  and  professed  purpose  of  discussing 
and  arranging  terms  upon  which  hostilities  existing  between 
the  United  States  and  said  band  should  cease  ;  and  did  there 
upon,  in  wanton  violation  of  the  sacred  character  of  said 
flag  of  truce,  and  treacherously  disregarding  the  obligations 
imposed  by  such  truce  under  the  laws  of  war,  feloniously 
make  an  assault  with  deadly  weapons  upon  the  said  A.  B. 
Meacham,  Commissioner  as  aforesaid,  with  an  intent  him, 
the  said  Meacham,  then  and  there,  feloniously,  willfully,  and 
of  malice  aforethought,  to  kill  and  murder,  and  did  inflict 
upon  the  body  of  the  said  Meacham  divers  severe  and 
dangerous  wounds.  All  this  at  or  near  the  Lava  Beds,  so- 
called,  situated  near  Tule  Lake,  in  the  State  of  California, 
on  or  about  the  llth  day  of  April,  1873." 

Specification  2d — "  In  this  :  that  they,  Indians  called  and  com 
monly  known  as  Captain  Jack,  Schonchis,  Boston  Charley, 
Black  Jim,  Barncho,  alias  One  Eyed  Jim,  and  Sloluck,  alias 
Cok,  members  of  a  certain  band  of  Indians  known  as  the 
Modocs,  which  band,  including  the  prisoners  above  named, 
was,  at  the  time  and  place  hereinafter  alleged,  engaged  in 
open  and  flagrant  war  with  the  United  States,  under  the 
chief  command  of  said  Captain  Jack,  did,  as  representatives 
of  said  Modoc  band,  meet,  under  a  flag  of  truce  and  sus 
pension  of  hostilities,  Brigadier  General  E.  R.  S.  Canby, 
U.  S.  Army,  and  certain  Peace  Commissioners  on  the  part 
of  the  United  States,  namely,  Eleazur  Thomas,  A.  B. 
Meacham,  and  L.  S.  Dyer,  citizens,  all  representing  the 
Government  of  the  United  States,  for  the  agreed  and  pro 
fessed  purpose  of  discussing  and  arranging  terms  upon  which 
hostilities  existing  between  the  United  States  and  said  band 
should  cease  ;  and  did  then  and  there,  in  wanton  violation 
of  said  flag  of  truce,  and  treacherously  disregarding  the 
obligations  imposed  by  such  truce  under  the  laws  of  war, 
feloniously  make  an  assault  with  deadly  weapons  upon  the  said 
Dyer,  commissioner  as  aforesaid,  with  an  intent  him,  said 
Dyer,  then  and  there  feloniously,  willfully,  and  of  their  malice 


aforethought,  to  kill  and  murder.     All  this  at  or  near  the 
Lava  Beds,   so-called,   situated  near  Tule  Lake,  in  the  State 
of  California,  ou  or  about  the  llth  day  of  April,  1873." 
To  which  charges  and  specifications  the  accused,  Captain  Jack, 
Schonchis,  Black  Jim,  Boston  Charley,  Barncho,  alias  One  Eyed 
Jim,  and  Sloluck,  alias  Cok,  Modoc  Indian  captives,  pleaded  "Not 
Guilty." 

FINDING. 

The  Commission,  having  maturely  considered  the  evidence 
adduced,  finds  the  accused,  Captain  Jack,  Schonchis,  Black  Jim, 
Boston  Charley,  Barncho,  alias  One  Eyed  Jim,  and  Sloluck, 
alias  Cok,  Modoc  Indian  captives,  as  follows:  — 

CHARGE  I. 

Of  the  1st  Specification,   "Guilty." 

-  Of  the  2d  Specification,  "  Guilty." 

Of  the  CHARGE,  "Guilty." 

CHARGE  II. 

Of  the  1st  Specification,  "  Guilty." 
Of  the  2d  Specification,  "  Guilty." 
Of  the  CHARGE,  "Guilty." 

SENTENCE. 

And  the  Commission  does  therefore  sentence  them,  Captain 
Jack,  Schonchis,  Black  Jim,  Boston  Charley,  Barncho,  alias  One 
Eyed  Jim,  and  Sloluck,  alias  Cok,  Modoc  Indian  captives,  "  To  be 
hanged  by  the  neck  until  they  be  dead,  at  such  time  and  place  as  the 
proper  authority  shall  direct — two-thirds  of  the  members  of  the 
Commission  concurring  therein." 


II. ..The  proceedings,  findings  and  sentences  of  the  Military  Com 
mission  in  the  cases  of  Captain  Jack,  Schonchis,  Black  Jim,  Boston 
Charley,  Barncho,  alias  One  Eyed  Jim,  and  Sloluck,  alias  Cok, 
Modoc  Indian  captives,  were  approved  by  the  Commanding  Officer 
of  the  Department  of  the  Columbia  and  forwarded  to  the  Secretary 
of  War  for  the  action  of  the  President  of  the  United  States. 


The  following  are  the  orders  of  the  President  and  of  the  Secretary 
of  War:— 

EXECUTIVE  OFFICE, 

August  22, 1873. 

The  foregoing  sentences  in  the  cases  of  Captain  Jack,  Schonchis,  Black  Jim, 
Boston  Charley,  Barncho,  alias  One  Eyed  Jim,  and  Sloluck,  alias  Cok,  Modoc  Indian 
prisoners,  are  hereby  approved;  and  it  is  ordered  that  the  sentences  in  the 
said  cases  be  carried  into  execution  by  the  proper  military  authority,  under 
the  orders  of  the  Secretary  of  War,  on  the  third  day  of  October,  eighteen 
hundred  and  seventy-three. 

U.  S.  GRANT, 

President. 

Bancroft  Lflw 

WAR  DEPARTMENT, 

WASHINGTON,  August  23, 1873. 

The  foregoing  record  of  the  proceedings  in  the  trial,  by  Military  Commis 
sion,  of  Captain  Jack,  Schonchis,  Black  Jim,  Boston  Charley,  Barncho,  alias  One 
Eyed  Jim,  and  Sloluck,  alias  Cok,  Modoc  Indian  prisoners,  having  been  trans 
mitted  to  the  President,  and  laid  before  him  for  his  orders  thereon  ;  and  the 
President  having  in  the  foregoing  orders  approved  the  sentences,  and  directed 
that  they  be  executed  under  the  orders  of  the  Secretary  of  War,  the  sen 
tences  will  be  duly  executed  under  the  direction  of  the  General  commanding 
the  Department  of  the  Columbia,  at  Fort  Klamath,  Oregon,  Friday,  October 
3,  1873. 

WM.  W.  BELKNAP, 

Secretary  of  War. 

BY   ORDER   OF  THE   SECRETARY  OF   WAR: 


OFFICIAL: 


E.  D.  TOWNSEND, 

Adjutant  General. 


Assistant  Adjutant  General. 


SWj» 


